Re: [ARSCLIST] Memorex CDs and more!

[Mike Richter <mrichter@xxxxxxx>]

Lou Judson wrote:
> Mike, is fair use excepted? In the case of a purchased library of 
> commercial recordings?
>
> Lou Judson • Intuitive Audio
> 415-883-2689
>
> On Jan 13, 2006, at 3:49 PM, Mike Richter wrote:
>
> > Perhaps I am in error, but as I read copyright law an individual has 
> > no right to make such a copy of an audio recording fixed after 1923 
> > (and, perhaps, without that limitation). Regardless of your intent, 
> > without respect for its availability, and independent of its fragility 
> > in its present form, if you are not holder of rights in the record, 
> > you have no right to make a backup.

I must leave the question to others. I have read the recent CLIR report 
thoroughly. My inference from it is that fair use does apply - but that 
the definition of "fair use" is even less clear today than it was 
before. When there are decisions on the subject, my guess is that there 
will be no fair use of audio at all - it still applies, but to a null set.

Mike
--
mrichter@xxxxxxx
http://www.mrichter.com/